ONLINE SHOP REGULATIONS
1. The Regulations define the general terms, conditions, rules and form
of sales by Marek Skwarek, conducting business activity under the
company F.H.U. AUTO-DIAG Marek Skwarek, based in Jelenia Góra,
through the online shop www.holenderskielpg-sklep.pl (hereinafter
referred to as the "Online Shop") and define the rules and conditions
for provision of free services by electronic means by Marek Skwarek,
conducting business activity under the company F.H.U. AUTO-DIAG
Marek Skwarek, based in Jelenia Góra.
§ 1 Definitions
1. Consumer - means a natural person making a legal transaction
with an entrepreneur not directly related to his or her business
activity or profession.
2. Contract of Sale – means a contract of sale concluded at
a distance under the terms of the Regulations, by and between the
Customer and the Seller.
3. Customer - means a person to whom, according to the Regulations
and laws, electronic services may be provided or with whom
a contract of sale may be concluded.
4. Customer Account - means an individual panel for each Customer,
established by the Seller after Customer registration and conclusion
of the contract for provision of the Customer Account service.
5. Delivery - means a physical act of providing the Customer by the
Seller, through the Supplier, with Products specified in the order.
6. Durable medium – means material or device enabling the
Customer or the Seller to store information addressed personally to
them in a manner allowing for access to such information for future
reference for a period of time adequate for the purposes of
information and allowing the unchanged reproduction of the
7. Entrepreneur - means any natural person, legal person or
organisational unit not being a legal person, having legal capacity
by virtue of the law, running in his/her/its own name business or
pursuing the profession.
8. Login - means individual Customer identification, established by the Customer, consisting of a sequence of letters, digits or other
characters, required together with the Password to establish
a Customer Account in the Online Shop.
9. Password - means a sequence of letters, digits, or other characters
selected by the Customer during Registration in the Online Shop,
used to secure access to Customer Account in the Online Shop.
10. Product - means a product presented by the Seller via the Shop
Website which can be a subject of the Contract of Sale.
11. Registration - means a physical act made in the manner
prescribed in the Regulations, as required for use by the Customer
of all the functionalities of the Online Shop.
12. Regulations – mean these regulations.
13. Seller - means Marek Skwarek running a business under the
company F.H.U. AUTO-DIAG Marek Skwarek, based in Warsaw
(58-500), ul. Świetojańska 10/1, tax identification number (NIP):
7352274243, National Business Registry Number (REGON):
492892804, entered in the Central Register and Information on
Business Activity kept by the Ministry of Economy; e -mail:
firstname.lastname@example.org, who is also an owner of the Online
14. Shop Website - means web pages, under which the Seller runs the
Online Shop, operating in the www.holenderskielpg-sklep.pl domain.
15. Supplier - means a company with which the Seller cooperates in
Delivery of Products:
a) courier company;
b) Polish Post (Poczta Polska S.A.) based in Warsaw.
16. Working days - mean weekdays from Monday to Friday excluding
§ 2 General provisions and use of the Online Shop
1. All rights to the Online Shop, including copyrights, intellectual
property rights to its name, Internet domain, Shop Website, as well
as patterns, forms, logos belong to the Seller, and may be used only
as specified in and in accordance with the Regulations.
2. The Seller shall endeavour to provide access to the Online Shop for
Internet Users via all popular web browsers, operating systems,
computer types and types of Internet connections. The Seller does
not guarantee and shall not be responsible for ensuring that each
configuration variant of electronic equipment owned by the Internet
User will allow to use the Online Shop. Minimum technical
requirement for using the Shop Website, subject to the preceding
objects, that accepts "cookies".
3. The Seller applies a mechanism of "cookies", which - when the
Customers use the Shop Website - are stored by the Seller's server
on a hard disk of Customer's terminal device. The use of "cookies" is
aimed to ensure correct operation of the Shop Website at Customer
's terminal devices. This mechanism does not destroy the Customer's
terminal device and does not change configuration of the Customer's
terminal devices or software installed thereon. Each Customer can
turn off the "cookies" in the browser of his/her terminal device. The
Seller informs, however, that exclusion of "cookies" may cause
inconvenience or prevent the use of the Shop Website.
4. To place an order in the Online Shop via the Shop Website and to
take advantage of Services available at the Shop Website, the
Customer must have an active e-mail account.
5. The Customer is prohibited to input illegal content and to use the
Online Shop, the Shop Website or free services provided by the Seller
in a manner contrary to law, good practices or violating personal
rights of third parties.
6. The Seller represents that the public nature of the Internet and the
use of electronic services may be associated with the risk of
obtaining and modifying Customers data by unauthorised persons,
therefore the Customers should use appropriate technical measures
to minimise the above mentioned risks. In particular, they should use
anti-virus programmes and programmes protecting identity of
Internet users. The Seller shall never ask the Customer to provide
him with access to the password in any form.
7. The Customer is not allowed to use the resources and functions of
the Online Shop to conduct commercial activity or activity that would
violate Seller's interests.
§ 3 Registration
1. To create a Customer Account, the Customer must make a free
2. The Registration is not necessary to place an order in the Online
3. In order to register, the Customer must complete the registration
form provided by the Seller at the Shop Website and forward the
completed form by e-mail to the Seller, by selecting an appropriate
function contained in the registration form. During the Registration
the Customer shall establish an individual Password.
4. While filling out the registration form the Customer is given the opportunity to read the Regulations, accepting the contents thereof
by marking a relevant field in the form.
5. During Registration the Customer may at his/her own discretion give
consent to the processing of his/her personal data for marketing
purposes by marking a relevant field in the registration form. In this
case, the Seller shall clearly indicate the purpose of collecting
Customer's personal data, as well as data recipients, known to or
expected by the Seller.
6. The Customer's consent to the processing of his/her personal data
for marketing purposes shall not condition the conclusion with the
Seller of a contract for the provision of Customer Account service by
electronic means. The consent may be revoked at any time by filing
a relevant statement by the Customer. Such statement may be sent
to the Seller's address, for example, by e-mail.
7. After submitting a completed registration form, the Customer shall
promptly receive, to the e-mail address provided on the registration
form, Registration confirmation by the Seller. At that time the
contract is concluded for the provision of the Customer Account
service by electronic means, and the Customer shall get access to
Customer Account and the right to make changes in data given
during the registration, with the exception of the Login.
§ 4 Orders
1. Information included in the Shop Website shall not constitute the
Seller's offer within the meaning of the Civil Code, and only an
invitation for the Customers to submit offers for conclusion of the
Contract of Sale.
2. The Customer may place orders in the Online shop via the Shop
Website on a 24-hour/7-day-a-week basis.
3. The Customer placing an order via the Shop Website compiles the
order by selecting the desired Products. The Products are added to
the order by selecting the ADD TO CART button under a given
Product presented on the Shop Website. After compiling the whole
order and identifying in the "CART" the manner of Delivery and form
of payment, the Customer shall place the order by sending an order
form to the Seller, selecting on the Shop Website the "ORDER AND
PAY" button. Each time before sending the order to the Seller the
Customer is informed about the total price for selected Products and
Delivery, as well as about any additional costs the Customer is
obliged to incur under the Contract of Sale.
4. Placing an order means an offer of the Customer to the Seller to
enter into a Contract of Sale of Products covered by the order.
5. After the order is placed, the Seller shall send order confirmation to
the e-mail address provided by the Customer.
6. After confirmation of the order, the Seller shall send information on
acceptance of the order for execution to the e-mail address provided
by the Customer. Information about acceptance of the order for
execution constitutes a statement of the Seller about acceptance of
the offer referred to in §4 ust. 5 above and upon receipt thereof by
the Customer the Contract of Sale is concluded.
7. After conclusion of the Contract of Sale, the Seller confirms to the
Customer the terms and conditions thereof by sending them on
a durable medium to the Customer's e-mail address or in writing to
the address provided by the Customer upon Registration or while
placing the order.
§ 5 Payments
1. Prices on the Shop Website presented next to a given Product are
gross prices and do not include information regarding the costs of
Delivery and any other costs which the Customer will be obliged to
pay under the Contract of Sale, about which the Customer will be
informed when selecting the method of Delivery and upon placing an
2. The Customer may choose the following forms of payment for
a) bank transfer to the Seller's bank account (in such case
execution of the order will be initiated after the Seller sends to
the Customer confirmation of acceptance of the order and once
the money is credited to the Seller's bank account);
b) bank transfer to the Seller's bank account with the option of
personal pickup of the Products (in such case the order will be
executed immediately after the Seller sends to the Customer
confirmation of acceptance of the order, whereas the Products
will be released at the biurze Sprzedawcy once the money is
credited to the Seller's bank account);
c) bank transfer executed by external PayPal payment system
handled by PayPal (Europe) S.à r.l. & Cie, S.C.A. seated in
Luxemburg (in such case an accomplishment of an order shall
start after sending the Customer by the Seller confirmation of the
order and after a receipt of notification from PayPal system that
a payment has been successfully completed);
d) bank transfer via an external payment system przelewy24.pl,
operated by DialCom24 Sp. z o.o. based in Poznań (in this case
order fulfilment shall start after the Customer ends the ordering process in the Online Shop and after an information on successful
completion of the payment is received from the przelewy24.pl
e) payment card via an external payment system przelewy24.pl,
operated by DialCom24 Sp. z o.o. based in Poznań (in this case
order fulfilment shall start after the Customer ends the ordering
process in the Online Shop and after an information on successful
completion of the payment is received from the przelewy24.pl
f) cash on delivery, payment to the Supplier upon Delivery (in this
case execution of the order will be initiated after the Seller sends
to the Customer a confirmation of acceptance of the order).
3. The Customer should pay for the order in the amount resulting from
the Contract of Sale within 7 Days, if chosen payment in advance.
4. If the Customer fails to make the payment within the deadline
referred to in §5 ust. 2, the Seller shall indicate for the Customer an
additional deadline for making the payment and shall inform the
Customer about such deadline on a Durable Medium. The
information about an additional deadline for making the payment
shall also include information that after ineffective expiry of such
deadline the Seller shall rescind the Contract of Sale. In the event of
ineffective expiry of the second deadline for making the payment the
Seller shall send to the Customer on a Durable Medium a statement
on rescission of the contract pursuant to Article 491 of the Civil Code.
§ 6 Delivery
1. The Seller shall execute the Delivery on the territory of the European
2. The Seller shall deliver the Products constituting the subject of the
Contract without defects.
3. The Seller shall publish at the Shop Website information on the
number of Working Days needed to execute the Delivery and fulfil
4. The deadline for Delivery and execution of the order specified on the
Shop Website shall be calculated in Working Days in accordance with
§5 ust. 2.
5. The deadline for Delivery and execution of the order specified on the
Shop Website shall be calculated in Working Days as from the day of
conclusion of the Contract of Sale in the event the Customer selects
the payment option "cash on delivery".
6. Ordered Products shall be delivered to the Customer through the
Supplier, to the address indicated in the order form.
7. On the day of Products dispatch to the Customer (if Products
personal collection has not been selected) the Seller shall confirm
the shipment by e-mail to the Customer.
8. The Customer must examine the delivered Product in customary
time and manner for shipments of that type in the presence of the
Supplier's employee. In the event of discovery of shortage or
damage relating to the shipment the Customer shall be entitled to
demand from the Supplier's employee to draw up a relevant report.
9. The Customer may pick up the ordered Products personally. They
may be picked up at the Seller's Office on Working Days within the
opening hours specified on the Shop Website, after prior agreement
with the Seller of the time of pickup by e-mail or by phone.
10. The Seller shall, in accordance with the Customer's wish, attach to
the shipment being the subject of Delivery a receipt or VAT invoice
covering the delivered Products.
11. In the event of absence of the Customer at the address specified by
the Customer upon placing the order as the address of Delivery, the
Supplier's employee shall leave an advice note or shall attempt to
contact the Customer by phone to agree the time when the
Customer will be present. If the ordered Product is returned to the
Online Shop by the Supplier, the Seller shall contact the Customer by
e-mail or phone to set again the time and cost of the Delivery.
§ 7 Implied Warranty
1. The Seller ensures Delivery of Products free of physical and legal
defects. The Seller shall be liable towards the Customer if the
Products have physical or legal defects (implied warranty).
2. If the Product is defective, the Customer may:
a) submit a statement on reduction of the price or rescission of the
Contract of Sale, unless the Seller immediately and without
excessive inconvenience for the Customer replaces the defective
Product with a non-defective one or removes the defect.
This limitation shall not apply if the Product has already been
replaced or repaired by the Seller or if the Seller failed to fulfil
the obligation to replace the Product with a non-defective one or
to remove the defect. The Customer may demand replacement
of the Product with a non-defective one instead of removal of the
defect proposed by the Seller or demand removal of the defect
instead of replacement of the Product, unless making the Product
compliant with the contract in a manner chosen by the Customer
is impossible or would require excessive costs as compared to
the manner proposed by the Seller. When assessing if the costs are excessive one shall take into account the value of the
Product free from defects, the type and importance of the
discovered defect, as well as inconvenience to be experienced by
the Customer in the event of other manner of satisfaction of the
b) demand replacement of the defective Product with a nondefective
one or removal of defect. The Seller shall replace the
defective Product with a non-defective one or remove the defect
within reasonable time without excessive inconvenience for the
The Seller may refuse to fulfil the Customer's demand if making
the defective Product compliant with the Contract of Sale in the
manner selected by the Customer is impossible or would require
excessive costs as compared to the other possible manner of
making the Product compliant with the Contract of Sale. The cost
of repair or replacement shall be incurred by the Seller.
3. The Customer exercising the rights under the implied warranty shall
deliver the defective product to the Seller's address. If the Customer
is a Consumer the delivery cost shall be incurred by the Seller.
4. The Seller shall be liable under the implied warranty if a physical
defect is discovered before two years pass since release of the
Product to the Customer. The claim for removal of defect or
replacement of the Product with a non-defective one shall be barred
by the statute of limitations after one year, however such time-limit
may not end before the time-limit specified in the first sentence.
Within this time-limit the Customer may rescind the Contract of Sale
or submit a statement on reduction of the price due to defect of the
Product. If the Customer demanded replacement of the Product with
a non-defective one or removal of the defect, the time-limit for
rescission of the Contract of Sale or submission of the statement on
reduction of the price shall start running upon ineffective expiry of
the time-limit for replacement of the Product or removal of the
5. Any complaints related to the Products or performance of the
Contract of Sale may be submitted by the Customer in writing to the
6. The Seller shall within 14 days from the date of demand containing
the complaint express opinion on the complaint regarding the
Product or performance of the Contract of Sale submitted by the
7. The Customer may file a complaint to the Seller in connection with
free electronic services provided by the Seller. The complaint may be
sent in electronic form to the address email@example.com. In the complaint the Customer shall include description of the problem.
The Seller shall immediately, however not later than within 14 days
consider the complaint and answer the Customer.
§ 8 Guarantee
1. Products sold by the Seller may be covered by a guarantee granted
by the producer or distributor of the Products.
2. In the case of Products covered by the guarantee information
regarding the existence and content of the guarantee shall be always
presented on the Shop Website.
§ 9 Rescission of the Contract of Sale
1. The Customer being a Consumer who concluded the Contract of Sale
may within 14 days rescind the Contract of Sale without giving any
2. The time-limit for rescission of the Contract of Sale shall start
running as from the moment the Customer takes the possession of
The statement may be submitted on the form whose template is
provided by the Seller on the Shop Website under the address:
Rescission form. In order to comply with this time-limit, it is enough
to send a statement before the lapse thereof.
The Customer may rescind the Contract of Sale by submitting
a statement on rescission via the form made available on the
website under the address: Electronic Rescission form. In order to
comply with this time-limit, it is enough to send a statement before
the lapse thereof. The Seller shall immediately confirm to the
Customer the receipt of the form submitted via the website.
3. In case of rescission of the Contract of Sale the contract shall be
treated as if it had never been concluded.
4. If the Customer submits the statement on rescission of the Contract
of Sale before the Seller accepts the Customer's offer, the offer
ceases to be binding.
5. The Seller shall immediately, not later than within 14 days from the
date of receipt of the Customer's statement on rescission of the
Contract of Sale, return to the Customer all payments made by the
Customer, including the costs of delivery of the Product to the
Customer. The Seller may withhold reimbursement of the amounts
paid by the Customer until receipt of the returned Product or delivery
by the Customer of a proof of sending the Product, whichever occurs
6. If the Customer exercising the right of rescission selects the method
of delivery of the Product other than the cheapest ordinary Delivery
method offered by the Seller, the Seller shall not be obliged to
reimburse to the Customer the additional costs incurred by the
7. The Customer shall return the Product to the Seller immediately,
however not later than within 14 days from the date of rescission of
the Contract of Sale. To abide by the deadline it is enough to send
the Product to the Seller's address before expiry of such deadline.
8. In the event of rescission the Customer shall only incur the direct
costs of returning the Product.
9. If due to its nature the Product cannot be sent back by traditional
mail, the Seller shall inform the Customer about the costs of
returning such Product on the Shop Website.
10. The Customer shall bear liability for decrease of the value of the
Product as a result of use thereof in a manner outside the manner
necessary to determine the nature, features and functioning of the
11. The Seller shall reimburse the payment using the same method of
payment as the one used by the Customer, unless the Customer
expressly agrees to other method of reimbursement which does not
entail any costs for the Customer.
§ 10 Free Services
1. The Seller renders the following free electronic services to
a) Contact Form;
b) Customer Account service;
d) Tell a Friend.
2. Services specified in §10 ust. 1 above shall be provided 24 hours
a day, 7 days a week.
3. The Seller reserves the right to choose and change the type, form,
time and method of providing access to some of these services, and
shall inform the Customer thereof in a manner appropriate to amend
4. The service: Contract Form consists in sending a message via the
form available at the Shop Website to the Seller.
5. It is possible to unsubscribe from the free service Contact Form at
any time by discontinuing sending enquiries to the Seller.
6. The Newsletter service shall be available to every Customer who
enters his/her e-mail address by means of the registration form made available via the Shop Website by the Seller. After sending the
completed registration form, the Customer shall promptly receive the
Seller's confirmation by e-mail, to the address provided in the
registration form. At that moment the contract for the provision of
electronic Newsletter services is concluded.
The Customer may additionally during Registration mark a relevant
field in the registration form in order to subscribe for the Newsletter
7. The Newsletter service consists in sending by the Seller by electronic
mail of information about new products or services offered by the
Seller. The Newsletter shall be sent by the Seller to all Customers
who have subscribed.
8. Every Newsletter addressed to given Customers shall include in
particular: information about the sender, completed field "subject"
specifying the content and information about the possibility and
manner of unsubscribing from the free service Newsletter.
9. The Customer may at any time resign of receiving the Newsletter by
opting out of the subscription using a link contained in each e-mail
sent under the Newsletter service, or by activating a relevant box in
the Customer Account.
10. The free service Tell a Friend consists in enabling the Customers by
the Seller to send by these Customers to a friend an e-mail regarding
the Product selected by them. Before sending an e-mail the
Customer shall specify the Product to be the subject of
recommendation and then shall complete the form via the function
"Tell a Friend" by providing his/her e-mail address and an e-mail
address of a friend to whom the Customer wants to recommend the
selected Product. The Customer shall not use the said service for
other purposes than recommendation of the selected Product. The
Customer shall not receive remuneration or other benefits for using
the said service.
11. The Customer may at any time resign from "Recommend to a friend"
and involves cessation of sending recommendation to a Customer
12. The Customer Account service is available after Registration on
terms described in the Regulations and consists in making available
to the Customer a dedicated panel within the Shop Website enabling
the Customer to modify data provided upon Registration as well as to
track the status of orders and history of already fulfilled orders.
13. The Customer who made Registration may submit to the Seller
a request for deletion of the Customer Account , whereas in the
event of submission to the Seller of a request for deletion of the
Customer Account such account may be deleted not later than within 14 days from submission of the demand.
14. The Seller shall be entitled to block access to the Customer Account
and to free services in the event the Customer acts to the detriment
of the Seller or other Customers, breaches the law or the
Regulations, as well as if blocking access to Customer Account and
free services is justified on grounds of safety – in particular:
overcoming by the Customer securities of the Shop Website or other
hacking activities. Blocking access to the Customer Account and free
services for the mentioned reasons shall last for a period necessary
to resolve issues giving rise to blocking the access. The Seller shall
notify the Customer about blocking the access to the Customer
Account and free electronic services by e-mail sent to the address
provided by the Customer in the registration form.
§ 11 Personal data protection
1. The Seller shall be a controller of Customer personal data voluntarily
provided to the Seller under the Registration, when placing a single
order, and within the provision of electronic services by the Seller or
in other circumstances specified in the Regulations.
2. The Seller processes the Customers' personal data for the purposes
of fulfilment of orders, provision by the Seller of services by
electronic means and other purposes specified in the Regulations.
Data are processed only pursuant to the provisions of law or the
consent expressed by the Customer in accordance with the legal
provisions in force.
3. The set of personal data provided to the Seller shall be reported by
the Seller to the Inspector General for Personal Data Protection.
4. Personal data delivered to the Seller are submitted freely, provided,
however, that non-submission of data set out in the Regulations in
the process of Registration shall prevent Registration and
establishment of the Customer Account and shall prevent submission
and fulfilment of the Customer order, in the case of making orders
without Registration of the Customer Account.
5. Anyone who transfers his or her personal data to the Seller shall
have the right of access to their contents and the right to correct
6. The Seller shall allow to remove personal data from the data set, in
particular if the Customer Account is deleted. The Seller may refuse
to remove personal data if the Customer fails to pay all amounts
owed to the Seller or violates applicable law, and keeping the
personal data is necessary to explain the circumstances and
determine the liability of the Customer.
7. The Seller shall protect the transferred personal data and shall make
every effort to secure them against unauthorised access or use.
8. The Seller shall transfer the Customer's personal data to the Supplier
in the scope necessary for execution of Delivery.
9. If the Customer selects payment via the przelewy24.pl system,
his/her personal data are transferred in the scope necessary for
execution of payment to DialCom24 Sp. z o.o. with its registered
office in Poznań (60-327 Poznań, ul. Kanclerska 15) entered into the
Register of Entrepreneurs kept by District Court Poznań - Nowe
Miasto and Wilda in Poznań, 8th Commercial Division of the National
Court Register under the no. KRS: 0000306513.
§ 12 Termination of the contract (not applicable to Contracts of
1. Both the Customer and the Seller may terminate the contract for the
provision of electronic services at any time and without giving
reasons, subject to the preservation of rights acquired by the other
Party before termination of the above mentioned agreement and the
2. The Customer who has registered, may terminate the contract for
the provision of electronic services by demanding the Seller to
remove the Customer Account, using any means of distance
communication, allowing the Seller to get acquainted with the
Customer's declaration of intent.
3. The Seller may terminate the contract for the provision of electronic
services by sending to the Customer an appropriate declaration of
intent to the e-mail address provided by the Customer during
§ 13 Final provisions
1. The Seller shall be liable for non-performance or improper
performance of the contract, but in the case of contracts with
Customers being Entrepreneurs the Seller shall be liable only for
deliberate damage and within limits of losses actually incurred by
the Customer being the Entrepreneur.
2. The contents of these Regulations may be recorded by being printed,
copied to a storage device or downloaded at any time from the Shop
3. In the event of a dispute related to the concluded Contract of Sale,
the parties shall seek to resolve the matter amicably. The Polish law
shall be applicable to settlement of any disputes arising under these Regulations.
4. Every Customer may use non-judicial complaint and redress
mechanisms. The Customer may use mediation in this scope.
5. The Seller reserves the right to amend these Regulations. All orders
accepted by the Seller prior to entry into force of the new
Regulations shall be delivered based on the Regulations in force at
the date of placing the order by the Customer. The amended
Regulations shall enter into force within 7 days from the date of
publication thereof on the Shop Website. The Seller shall inform the
Customer 7 days before entry into force of the new Regulations
about the amendment to the Regulations by email including a link to
the contents of the amended Regulations. If the Customer does not
accept the new contents of the Regulations, the Customer shall
notify the Seller about this fact, which shall result in termination of
the contract in accordance with the provisions of article §12.
6. The Regulations shall enter into force on 25.01.2015.